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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Two years ago, I hugged a female subordinate who felt it was

Resolved Question:

Two years ago, I hugged a female subordinate who felt it was inappropriate but not offensive. Nothing came of it, and today we work well together. This past week, a third party (another employee) is claiming he was offended and has asked my employer that I be disciplined. My employer has started an investigation. Can I be disciplined for this single act two years ago, even though the employee I hugged was not offended and does not want anything done.
Submitted: 8 years ago.
Category: Legal
Expert:  MShore replied 8 years ago.
Yes, you can be disciplined but it is unlikely that you will be because the female subordinate would have to pursue the matter, not a witness. To be clear, you should have the female subordinate draft a state that she was not offended and do believe any objective witness would find it offensive
Customer: replied 8 years ago.

If the female has already stated that she was not offended and does not want to pursue the matter, can my employer still impose the disicipline?

Expert:  MShore replied 8 years ago.
Yes, they can, but probably won't. The employer has a legal duty to investigate every complaint of sexual harassment or inappropriate behavior.
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